Minnesota DUI Laws & Attorneys
by Joshua Dale
“The Land of Sky Blue Waters” is Minnesota’s nickname as well as the advertising slogan for a popular beer. But if you’re going to drink the beer, do it sensibly as Minnesota DWI laws are tough and getting tougher.
Generally, there are two ways for the prosecutor to prove a Minnesota DWI case. One is by proving a BAC of .08% within 2 hours of the test. The other is by proving that the defendant was a less than safe driver due to impairment by alcohol and/or drugs via an officer's observations, including manner of driving, field sobriety tests, the smell of alcohol, blood shot watery eyes, loss of coordination, and general attitude.
Every driver in Minnesota has given their ‘implied consent’ for a blood alcohol content test (BAC) when they received a license. This means their breath, blood, or urine will be tested for alcohol and/or drugs when under the suspicion of a Minnesota DWI charge. You should note that you have the right to a second test at your own expense at a place of your choice. When blood is drawn with or without a request from law enforcement, it is extremely important to have your Minnesota DWI attorney contact the hospital immediately with notice of the federal confidentiality law and to assert your patient’s rights regarding privacy of medical records. Be advised that refusal to take a BAC test following an arrest is considered a separate criminal offense with separate penalties.
If you have been arrested for a Minnesota DWI the police will confiscate your license immediately if you refused to submit to chemical testing or your chemical test resulted showed a BAC of .08% or more. You will then be issued a 7 day temporary license.
When charged with a Minnesota DWI you are going to face two gauntlets. One is the Minnesota criminal courts system and the other is the Minnesota Department of Public Safety, Driver and Vehicle Services hearing. You have the right to challenge a driver’s license revocation in a district court by petitioning for judicial review within 30 days from the date of your arrest. If you do not file the challenge in district court within 30 days, you lose your license and it becomes part of your permanent record.
The court and administrative penalties seem similar, but they are separate, different and may run concurrently (at the same time). Unlike a criminal case the defendant has the burden to prove their innocence. A prior Minnesota DWI or out-of-state convictions will reflect on your DWI penalties.
If you haven’t been drinking or you believe that you might have ingested or inhaled alcohol based paints or solvents, or other ‘benign sources’ such as mouthwash, prescription or over the counter drugs, be aware that you can still arrested for driving in an impaired or unsafe manner, even if you are not ‘legally drunk’ under Minnesota DWI law.
Be advised that 45 states and the District of Columbia have an out-of-state Driver’s License Compact Agreement, meaning that Minnesota DWI convictions will be reported to your home state which will generally take action to suspend your license.
Across the country DWI laws and evidentiary procedures are being challenged, while at the same time state laws are becoming more severe. To be certain that you have correct and current knowledge contact a Minnesota DWI specialist. In any case, when you are stopped and arrested for suspicion of a DWI, request to see a Minnesota DWI attorney, the sooner the better.
– Info You Should Know –
Was I Stopped Legally?
Basically you were stopped because of an equipment failure or an officer had probable cause to think you were driving in an impaired manner. Arrests for drunk driving in every state focuses on four areas: driving patterns, physical appearance, field sobriety tests, and chemical tests.
Not all reasons offered by officers are always legal. Check with a Minnesota DWI attorney who will examine all the different aspects of your case, will defend you aggressively and try to mitigate any penalties.
Should I Have Talked To the Cop?
Remember that you don’t have to answer any questions that will incriminate you. Most people say that they have had a "couple of drinks” which is not necessarily incriminating. However such "statements of consumption" will be used against them in court or at a hearing.
And if you plan to refuse a sobriety test – which may not be the best action – you should inform the officer who stopped you that you would rather wait until instructed by a Minnesota DWI lawyer. But be advised if you refuse the test under the implied consent law you can lose your license on the spot, and probably for many months.
Did I Have A Right To Make A Call?
The police are not required to advise you of this right. But once a request is made, they are obligated to provide an opportunity to make a call, hopefully to a Minnesota DWI specialist.
I’m Simply Going To Plead Guilty, Why Do I Need A Minnesota DWI Lawyer?
The penalties and the numerous, complicated laws relating to motor vehicles, DWI charges and Minnesota drunk driving laws should be taken very seriously. Minnesota DWI convictions and penalties can be long lasting and severe, both in court and with the Minnesota Department of Public Safety, Driver and Vehicle Services, which regulates your driving privileges.
Experienced and skilled legal counsel may be able to help maximize your defenses thereby mitigate your penalties. A Minnesota DWI defense attorney will level the playing field between you and the prosecution in an effort to provide and preserve your constitutional rights.
When considering consulting a Minnesota DWI attorney, take into account the impact of a criminal conviction: possible loss of voting privileges, increased cost or cancellation of auto insurance, lost educational opportunities, inability to rent or own cars, restrictions on travel, damage to security clearances, job barriers, possible harm to professional credentials or certifications, and the loss of freedom. Don’t you think these rights, possessions, achievements and abilities and are worth protecting?
What’s A Minnesota DWI Defense Attorney Going To Cost?
One of the biggest concerns for people charged with driving while intoxicated is attorney fees. As cases vary, so does cost. Most people don’t realize that money spent now on skillful help from a Minnesota DUI attorney might save them thousands of dollars in the years to come.
What Are Court Costs?
Additional costs outside of the fine for court or administrative services, regulated by state penal or vehicle codes violated. They can be costly.
What if I Refused To Take a BAC (blood alcohol content) Test?
If you refuse to take requested blood breath, urine, or blood tests, you may be facing a gross misdemeanor or even a felony equivalent to second or first degree DWI. Your license will likely be suspended for 1 year.
To plead your case to save your driving privilege you must make a request to the Minnesota Department of Public Safety Driver and Vehicle Services for a hearing after the court proceedings. This hearing is not a trial and producing evidence of innocence and the burden of proof bears upon the accused.
Can I Plea Bargain?
It is next to impossible to plea bargain a Minnesota drunk driving charge without an experienced Minnesota DWI lawyer. Often effective DWI counsel will be able to negotiate a plea to a lesser charge.
A plea bargain means that you agree to plead guilty to some lesser charge or having your attorney and prosecutor mitigate the penalties. Practiced Minnesota DWI attorneys often times will be able to negotiate a plea to a lesser charge as many cases are resolved prior to trial. The plea bargain is extremely advantageous to anyone accused of a Minnesota DWI, but remember even a conviction to a lesser charge will still count as a ‘prior’ for calculating penalties for future offenses.
I’ve Heard of A Nolo Contendere Plea, What Is It?
In legal terms, nolo contendere (Latin for “I do not wish to contest”) is an alternative to a guilty or not guilty plea. While not technically a guilty plea, a nolo plea has many of the same effects, but with some mitigating circumstances. In most states you can only plea nolo once in DWI cases. Generally a judge decides whether a nolo plea will be accepted, and it is not always available.
In any case, without services of a veteran Minnesota DWI specialist, specialized pleas or plea bargaining is not possible.
Is Being Punished by the Minnesota DSS and the Criminal Courts Double Jeopardy?
Like most states, Minnesota law permits the enforcement of administrative penalties in addition to court punishments, as the state considers driving a privilege, not a right, and not subject to civil liberties. Minnesota DSS administers driver’s licenses, imposes civil penalties, serves as the judge, jury and also deals out punishment.
What if I Am An Out-Of-State Driver?
Be advised that Minnesota and most states have an out-of-state Driver’s License Compact Agreement, meaning that Minnesota DWI convictions will be reported to your home state which will generally take action to suspend your license. Offenses for out-of-state drivers can also create other complications. Consequently, it’s imperative that you contact a local Minnesota DWI attorney to walk you through the procedures and insure that you don’t face complications with bail, jail, and your driving privileges.
What Happens In Court?
You’ll have to make several appearances. In a criminal case you have the right to a jury trial with presumption of innocence, but once convicted, it can be up to the judge what punishment you will receive. The sentencing range, and whether the offense will be a misdemeanor or a felony, is based on a number of things including the number of priors. These convictions include any previous Minnesota administrative or criminal court drunk driving suspensions, for refusal to submit to a BAC test, or any ‘operating while intoxicated’ convictions in other states. There are also penalty enhancements due to aggravated circumstances.
In addition, a judge may require you to participate in alcohol or drug treatment programs as part of a parole (probation) program or have an ignition interlock device installed on your vehicle, or even have your vehicle seized and forfeited.
What Is A 10 Year Purge Period?
The purge period is one factor used to determine the extent to which a repeat offender should be punished. This period goes back 10 years which means that a DWI offense committed within 10 years can be used to enhance penalties for a present DWI as it counts as a ‘prior’ offense.
What About Punishments For Multiple Minnesota DWI Convictions?
Any time you face multiple or ‘aggravated’ charges, or if death, injuries or sizeable property damage occurs, the fallout for Minnesota multiple convictions will get very heavy, including thousands of dollars in fines, mandatory years of imprisonment, massive restitution and of loss of license and vehicles for years, if not permanently. We cannot strongly enough recommend retaining an experienced Minnesota DWI attorney in order to secure the best possible outcome of a potentially severe situation.
– Criminal DWI Penalties –
4th Degree DWI
No prior DWI or DWI related license revocations.
No BAC of over .20% or refusal of the BAC test.
Up to 90 days in jail.
$1,000 fine.
3rd Degree DWI
1st offense, 1 aggravating factor, or refusal of the BAC test.
Up to 1 year in jail.
$3,000 fine.
May impound offender’s vehicle license plates.
May seek to forfeit the offender’s vehicle.
Statute law requires DWI suspect in jail until the first court appearance if:
The new DWI violation occurs within 10 years of 2 or more prior convictions.
The new DWI violation is the 2nd offense and the defendant is under 19 years of age.
The new violation occurs with a BAC of .20% or more.
The New DWI occurs and the driver's license has been cancelled for public safety.
2nd Degree DWI
Up to 1 year in jail.
$3,000 fine.
Possible any and all of the above.
1st Degree DWI Offense (With Aggravated Circumstances)
3 or more prior convictions within 10 years.
BAC of .20% and over.
Minor in the vehicle at the time of offense.
Punishable by:
Up to 5 years in jail.
$10,000 fine.
The state will also impound the license plates of offender’s vehicle.
May also seek a forfeiture of the driver's vehicle.
Bail may be denied if:
The new DWI violation is the 2nd offense and the defendant is under 19 years of age.
DWI occurs after the offender’s driver's license has been cancelled for public safety.
State law requires holding DWI suspect in jail until the first court appearance if:
The new DWI violation occurs within 10 years of 2 or more prior impaired driving convictions.
The new DWI violation is the 2nd offense and the defendant is under 19 years of age.
The new violation occurs with a BAC of .20% or more.
The new DWI occurs and the driver's license has been cancelled for public safety.
Aggravated Circumstances
2 DWI convictions within 10 years.
Driving with a BAC of .20% and above.
Driving impaired with a passenger under the age of 16 (child endangerment).
With aggravated circumstances state may impound the license plates and may seek vehicle forfeiture.
Vehicle Subject to Forfeiture
BAC .20% with 1 prior within 10 years.
BAC test refusal with 1 prior within 10 years.
BAC of .08% and child endangerment with 1 prior within 10 years.
Refusal with child endangerment and no priors.
.08% BAC with 2 or more priors within 10 years.
.08% BAC and refusal of BAC test and/or driving with a restricted or suspended license.
– Minnesota Department of Public Safety –
How Important Is An Administrative Hearing?
You may request a hearing, after the criminal court case is complete, in order to try and save driving privileges.
A hearing may be critical to a defendant’s case. Your attorney will be able to cross-examine the arresting officer under oath, and important issues can be reviewed and challenged. This can be of great value in your criminal case.
The administrative case is handled before an administrative law judge. If you testify this experience may be good practice for a criminal trial.
Revocations or Suspensions
1st offense 30 to 90 days suspension with a BAC of less than .20%
Underage DWI 6 months suspension.
Reinstating Driving Privileges
Pass a written test specific to DWI issues.
Pay a reinstatement and application fees of approximately $700.
Alcohol Treatment Program
Possible seminar attendance on how alcohol affects your body and driving ability.
Possible submission to a chemical assessment and to a substance abuse treatment program.
Am I Eligible for a Full or Restricted License?
1st offense less than .20% BAC, 90 day waiting period
1st BAC test refusal offense. 1 year waiting period.
License revocation penalties are doubled for 1st DWI with .20% BAC.
Not eligible for a limited license for 30 days and may not receive full license for 180 days.
2nd offense over .08% but less than .20% BAC:
Not eligible for a limited license for 90 days and are not eligible for full license for 180 days.
2nd offense over .20% BAC or 2nd BAC test refusal:
Not eligible for a limited license for 180 days and are not eligible for full license for 1 year.
3rd offense:
Not eligible for a limited license and 1 year waiting period to receive full license.
4th or subsequent offense:
Revocation period is 2 year minimum waiting period. Possible cancellation and total denial of license.
Commercial Driver License
Limit of BAC of .04%. A commercial driver is subject to the same charges and penalties outlined above.
Underage DWI
6 months suspension for any alcohol in driver’s system.
Can be subject to the same criminal penalties as an adult for 1st or subsequent violations.
– Disclaimer –
Only skilled Minnesota DWI professionals should provide you with bonified legal advice. Consequently, the aforementioned information on this web site should not be construed as legal advice, rather suggestions and a range of helpful information and should not be substituted for speaking with an accredited Minnesota DWI attorney. There is no warrantee, expressed or implied herein. Minnesota DWI laws and issues are complicated, and can change. Litigation takes experience. Please let us refer you to a seasoned Minnesota DWI specialist.
– Citations –
Chapter 169A. Driving While Impaired
Minnesota code 192A.555 [DRIVING WHILE UNDER THE INFLUENCE OR RECKLESS
10.21 DRIVING.]
